GRAHAM, J.
This is a case reported without decision to this court by the Superior Court upon request of the parties pursuant to Mass.R.Civ.P. 64(a), as amended, 423 Mass. 1403 (1996), for determination on an agreed statement of facts. See G. L. c. 231, § 111. The civil action out of which this report arises is essentially a negligence action by plaintiffs Craig E. Lyon and Mark J. Consolatti, purchasers of oceanfront property in Plymouth, against the title examiner...
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